Electronic poll books won't be used in November

Sep. 14, 2012

Written by

Josh Brown

The Tennessean

Despite expressing confidence in the reliability of electronic poll books, the Davidson County Election Commission on Thursday stuck with its decision not to use the devices in the November election.

The poll books, which recently replaced paper poll books in 60 of the county’s 160 voting precincts, have been at the center of criticism the past few weeks because some voters received the wrong ballots during the Aug. 2 primary.

The commission had planned to use the new poll books in all 160 precincts for the Nov. 6 general election. Last week, four of the five commission members voted to revert to the paper poll books for all precincts.

However, Commissioner Steve Abernathy wanted the commission to revisit the issue.

He reiterated that the software error present during the August primary has been resolved and that using the electronic poll books — which, like the paper versions, are used to verify voter information — would greatly reduce the amount of time voters spent at the polls.

“Based on that data I have seen so far from the electronic poll book locations, it appears that the primary ballots in Nashville were processed with better than 99.8 percent accuracy,” Abernathy said. “I challenge any other government agency or department to match that level of performance.”

During the primary, the electronic poll books defaulted to the Republican primary if voters didn’t express a preference.

Abernathy said his confidence in the devices also was bolstered because the general election won’t involve different ballots, reducing the potential for mishaps.

Paper poll books only

Despite his efforts, however, the other election commission members held to their views to hold off on using the electronic poll books to restore voter confidence. Instead, the devices will be used to help poll workers look up voter lists and assist with address changes.

“I totally understand what Commissioner Abernathy is saying. I think the facts actually speak for themselves,” said Commissioner A.J. Starling. “But the biggest issue we’ve got going is the perception. The electorate out there doesn’t have the confidence that the system is what it ought to be.”

Commissioner Patricia Heim noted that even if the commission decided to rescind its earlier vote, it was unclear whether the electronic poll books could be used throughout Davidson County without state approval.

The issue of funding for the devices also was raised at the meeting. Last week, Metro Council members voted to withhold a $400,000 final payment, scheduled in October, for the machines in the wake of the problems during the primary.

Jon Cooper, the council’s attorney and staff director, last week said the election commission had no authority to buy the machines unless the council appropriated the money.

Heim fired back on Thursday, saying the machines had been purchased legally.

“It is certainly within the authority of Metropolitan Council to approve the source of funding for that contract,” she said. “But it is a fully legal contract that followed all of Metro purchasing guidelines, all of Metro Department of Law guidelines, all Department of Finance guidelines.”

She also warned the council of possible legal repercussions if it did not honor the contract with Election Systems and Software to purchase the devices.